ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Transfer Appln. No.S-133        of  2010.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

21.02.2011.

1. For orders on office objections.

2. For Katcha Peshi.

Mr. Saeed Ahmed B. Bijarani, advocate for the applicant.

Mr. Imtiaz Ahmed Shahani, State Counsel.

Respondent No.1/accused Ghulam Qadir Ogahi, present in person, having been produced in custody.

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                   Through this application, the applicant/complainant Muhammad Moosa alias Mulla Mooso in F.I.R. No.43/2007, registered at P.S Ghouspur, under Sections 302, 114, 148, 149, 506/2, 120(b), PPC, has requested for transfer of the Sessions Case No.29/2009, State v. Mujeeb Rehman & others, from the Court of learned Additional Sessions Judge, Kashmore, to any Court of law having jurisdiction of Kandhkot.

                   Notices were issued to the respondents/accused, who is produced in custody from District Jail, Jacobabad, who has also moved application, wherein he has stated that either his case may continue to proceed before the learned Additional Sessions Judge, Kashmore or may be transferred to Shikarpur District, as, according to him, he has serious threat and apprehension of life at the hands of complainant party.

                   Comments were called from the learned trial Court, who has intimated that this case was received by way of transfer from the Court of learned Additional Sessions Judge, Kandhkot by order of the learned Sessions Judge, Kashmore at Kandhkot on the application of the respondent/accused Abdul Qadir Ogahi.  It is further intimated that formal witnesses have been examined, whereas the complainant party is left to be examined.

                   The learned Counsel for the applicant has submitted that since there is murderous enmity between the parties and the case was transferred from the Court of learned Additional Sessions Judge, Kandhkot to the Court of learned Additional Sessions Judge, Kashmore without notice to the complainant party, therefore, the case may be called back from the Court of learned Additional Sessions Judge, Kashmore to the Court of learned Additional Sessions Judge, Kandhkot.

                   I have heard the learned Counsel and perused the record. It appears that the case, which was being tried by the learned Additional Sessions Judge, Kandhkot, was transferred on 04.8.2008, against which order no exception was sought by the complainant party.  Matter has proceeded before the learned Additional Sessions Judge, Kashmore, who has recorded evidence of formal witnesses, whereas evidence of the complainant and other witnesses is required to be recorded.  The complainant did not object such transfer of the case for about more than two years, hence request for transfer of the case at this stage appears to be unreasonable.  I am of the view that no cogent reason or ground has been raised in the instant application requiring interference of this Court at this stage. 

                   However, as regards apprehension of the complainant regarding threat and danger to his life, the D.P.O., Kashmore at Kandhkot is directed to provide complete legal assistance and protection to the complainant party to enable them to get their evidence recorded before the learned trial Court. 

                   Accordingly, the instant application is disposed of in the above terms.

                                                                                      JUDGE